This Stateless Acceptable Use Policy (this “Acceptable Use Policy”) forms part of, and is incorporated by reference into, the AI Fabric Terms of Service at https://www.stateless.net/terms-of-service (the “Terms”). To the extent of any actual conflict between this Acceptable Use Policy and the Terms, the terms of this Acceptable Use Policy shall control, unless otherwise expressly provided. Capitalized terms used herein but not defined herein will have the respective meanings given to such terms in the Terms. This Acceptable Use Policy is not to be construed as legal advice or superseding any Applicable Laws (defined below). Stateless encourages customers (including you) to seek legal counsel for all associated compliance considerations.

1. PROPER USE.

You shall, and shall ensure that all Users, comply with this Acceptable Use Policy and the Terms. Stateless may deny you or any User use of or access to the Network or Services as may be required by Stateless to effectuate its rights and obligations under or otherwise enforce this Acceptable Use Policy or the Terms. Stateless shall use commercially reasonable efforts to give you advance notice of any denial of such use or access, if practicable and not injurious to the legitimate commercial interests of Stateless. Stateless shall not be responsible or liable for any use of or access to the Network or Services by you or any User that violates the terms of this Acceptable Use Policy.

2. RESTRICTIONS.

   1. Generally. You may not use, or encourage, promote, facilitate, or instruct others to use, the Network or Services for any illegal, harmful, or offensive use, or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, or offensive. Without limiting the foregoing, you understand, acknowledge, and agree that you shall not, and you shall not permit any third party to, except to the extent otherwise expressly set forth in the Terms or expressly agreed to by Stateless in writing: 

      1. copy or reproduce any portion of the Network or Services in any form or medium; 

      2. modify, reverse engineer, decompile, adapt, restructure, rearrange, reorganize, recompile, reformat, create derivative works of, change, or add to the Network or Services or in any way attempt to reconstruct or discover any source code or algorithms of the Network or Services, or any portion thereof, by any means whatsoever; 

      3. remove any copyright, proprietary rights, or restrictive legends, or bypass or disable any protections that have been put in place against unlicensed use of the Network or Services or third-party data; 

      4. remove Stateless’ or its licensors’ legends and notices on any and all permitted copies, adaptations, and rearrangements of the Network or Services (or part thereof); 

      5. provide, or otherwise make available, the Network or Services to any third party; 

      6. fail to take appropriate action with your employees, agents, or subcontractors, by agreement or otherwise, necessary to satisfy its obligations under this Acceptable Use Policy or the Terms with respect to the use, copying, protection, and security of the Network, Services, or User Data; 

      7. engage in any use, including copying, modification, redistribution, publication, display, performance, or retransmission, of any portions of the Network or Services, other than as expressly permitted by the Terms, without the prior written consent of Stateless, which consent Stateless may grant or refuse in its sole and absolute discretion; 

      8. use in the Network or Services any robot, spider, automatic device, or technology to act as a headless user that is able to execute automations using the same interactions and interface as a human; or

      9. use the Network or Services to collect, process, or store Personal Data (as defined in Stateless’ Data Processing Addendum) pertaining to minors in violation of applicable laws, rules, and regulations. 

   2. Deletion of User Data. Stateless, in its sole discretion, may delete or remove any User Data used in connection with the Network or Services which violates the terms of this Acceptable Use Policy.

3. PROHIBITED USES AND ACTIVITIES.

   1. No Infringing, Illegal, Threatening, Defamatory, or Offensive Uses. You may not use the Network or Services to violate any Applicable Law. “Applicable Law” means all applicable laws, rules, and regulations applicable to you, your business, or the subject matter of the Terms, including, without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing, and other similar laws, which include, without limitation, the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended. Without limiting the foregoing, you shall not use the Network or Services for, or in connection with, the following: 

      1. Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property or IPR.

      2. Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.

      3. Impersonating any person or entity, including, but not limited to, Stateless personnel, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

      4. Harming minors in any way.

      5. Making available any Content or User Data (including your User Data) that: (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate any Applicable Law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.

      6. Making available any Content or User Data (including your User Data) that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).

      7. Stalking or otherwise harassing any person or entity.

      8. Exporting, re-exporting, or transferring restricted software, algorithms, or other data in violation of applicable export control laws.

      9. Intentionally or unintentionally violating any applicable local, state, provincial, national, or international law, treaty, or regulation, or any order of a court.

      10. Deceptive practices such as posing as another service for the purposes of phishing or pharming.

      11. Distributing any materials of a threatening or harmful nature, including, without limitation, threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.

      12. Distributing any offensive materials, including, without limitation, obscene, pornographic, indecent, or hateful materials or materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

      13. Sending unwanted telemarketing, promotional, or informational messages without having procured the necessary consents, authorizations, rights, and licenses from the recipient(s) of your messages.

      14. Sending messages in violation of the U.S. National Do Not Call Registry or related considerations under Applicable Law.

      15. Sending Protected Health Information unless allowed under Applicable Law.

      16. Registering for more Accounts or associated Account IDs than for which fees have been paid or registering for an Account on behalf of an individual other than yourself.

      17. Using the Network or Services to send messages that violate Applicable Laws.

      18. Advocating, encouraging, or assisting any third party in doing any of the foregoing activities in this Section.

   2. Security and Interference. You may not use the Network or Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, computer or communications system, software application, network or computing device, electronic service, or other system that is accessible through, or in connection with, the Network or Services. You shall not use the Network or Services in a manner that interferes with any other party’s (e.g., another user’s) ability to use and enjoy the Network or Services, that interferes with Stateless’ or its service partners’ ability to provide the Network or Services, or that otherwise may create legal liability for Stateless or its service partners in Stateless’ sole discretion. You shall not, and you shall not use the Network or Services to, violate the acceptable use policy or terms of service of any other applicable service provider, including, without limitation, any Internet service provider, Developer, Cloud Service Provider, or Third-Party Service provider. Without limiting the foregoing, you shall not use the Network or Services for, or in connection with, the following: 

      1. Hacking, cracking into, or otherwise using the non-public areas of the Network or Services or any other system without authorization.

      2. Unauthorized probes or port scans for vulnerabilities.

      3. Unauthorized penetration tests, traffic that circumvents authentication systems, or other unauthorized attempts to gain entry into any system.

      4. Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.

      5. Unauthorized network monitoring or packet capture.

      6. Forged or non-standard protocol headers, such as altering source addresses.

      7. Flooding.

      8. Denial of Service (DoS) attacks of any kind (and Stateless reserves the right to block any user traffic if it resembles a DDOS attack, as determined by Stateless).

      9. Making network connections to any users, hosts, or networks unless you have permission to communicate with them. 

      10. Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

      11. Operating network services such as: open proxies; open mail relays; open, recursive domain name servers; or open internet (e.g., attaching the open internet to the Network from your connection).

      12. Sharing or publishing content from the Network or Services to cause, or have the consequence of causing, the user of the content to be in violation of the Terms or this Acceptable Use Policy.

      13. Advocating, encouraging, or assisting any third party in doing any of the foregoing activities in this Section.

   3. Spam. You shall not use the Network or Services for purposes of distributing text messaging “spam,” bulk unsolicited messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which you have no preexisting business or personal relationship. You shall not use the Network or Services to collect responses from spam. You shall not harvest, collect, gather, or assemble information or data of users, including email addresses, without their consent. You are solely responsible for obtaining all necessary and appropriate rights, licenses, authorizations, and consents from those person(s) and entity(ies) with whom you message or otherwise communicate with via the Network or Services, prior to commencing any such messaging or communication. Additionally, you shall not use the Network or Services to send unwanted messages to individuals who have asked to stop receiving messages through any medium. To the extent required by Applicable Law, you must track and record all such requests specific to your business. You must also provide recipients of those MMS/SMS messages you send via the Network or Services with conspicuous notice of their ability to opt-out from receiving any future text messages, by texting STOP in a stand-alone message with no additional characters or punctuation. Without limiting the foregoing, you shall not use the Network or Services for, or in connection with, the following: 

      1. Sending pyramid schemes.

      2. Sending chain letters.

      3. Sending any mail in contravention of Applicable Law.

      4. Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.

      5. Advocating, encouraging, or assisting any third party in doing any of the foregoing activities in this Section.

4. CHANGES TO THIS ACCEPTABLE USE POLICY. 

This Acceptable Use Policy is subject to occasional revision at the sole discretion of Stateless. Stateless will take reasonable steps to notify you of any material changes or modifications to this Acceptable Use Policy by way of prominent notice on Stateless’ website or by email, but you agree to review the Stateless website periodically to be aware of any changes or modifications to this Acceptable Use Policy. If you do not agree to the changes in this Acceptable Use Policy, you must discontinue use of the Network and Services. Your continued use of the Network or Services shall be deemed your conclusive acceptance of any such changes or modifications to this Acceptable Use Policy.